PRINTER'S NO. 3816
No. 2668 Session of 2000
INTRODUCED BY M. COHEN, RYAN, DeWEESE, BARLEY, VEON, FARGO,
BELARDI, CORNELL, COY, E. Z. TAYLOR, EVANS, PHILLIPS,
LESCOVITZ, O'BRIEN, BLAUM, McNAUGHTON, STABACK, MASLAND,
GEIST, MUNDY, ARMSTRONG, McCALL, BAKER, SURRA, KREBS, TIGUE,
NAILOR, BROWNE, CAPPABIANCA, PLATTS, ROBINSON, BENNINGHOFF,
SOLOBAY, CURRY, BUNT, BEBKO-JONES, L. I. COHEN, BELFANTI,
COLAFELLA, DALLY, PETRONE, RUBLEY, LEVDANSKY, SAYLOR,
LAUGHLIN, KENNEY, OLIVER, SCHULER, EACHUS, LAWLESS, COSTA,
LaGROTTA, DRUCE, BISHOP, BUXTON, ORIE, CALTAGIRONE,
FAIRCHILD, CORRIGAN, FICHTER, DALEY, DeLUCA, FLICK, DERMODY,
HERSHEY, HANNA, HESS, GEORGE, MANDERINO, FRANKEL, GORDNER,
GRUCELA, HALUSKA, HARHAI, HORSEY, READSHAW, TANGRETTI,
THOMAS, JAMES, YUDICHAK, JOSEPHS, SCRIMENTI, KAISER, KELLER,
LEDERER, TRICH, VAN HORNE, MANN, MARKOSEK, MELIO, RAMOS,
RIEGER, SANTONI, MYERS, PISTELLA, PRESTON, ROBERTS, ROONEY,
SAINATO, SHANER, STETLER, STURLA, TRAVAGLIO, TRELLO, WALKO,
WATERS, WILLIAMS, WOJNAROSKI, YOUNGBLOOD AND PETRARCA,
JULY 17, 2000
REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES,
JULY 17, 2000MITTEE ON HEALTH AND HUMAN SERVICES,
AN ACT
1 Amending Title 20 (Decedents, Estates and Fiduciaries) of the
2 Pennsylvania Consolidated Statutes, changing the name of the
3 Organ Donation Awareness Trust Fund to The Governor Robert P.
4 Casey Memorial Organ and Tissue Donation Awareness Trust
5 Fund.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Sections 8601, 8617(f), 8621 and 8622 heading and
9 (a) of Title 20 of the Pennsylvania Consolidated Statutes are
10 amended to read:
11 8601. Definitions.
1 The following words and phrases when used in this chapter
2 shall have the meanings given to them in this section unless the
3 context clearly indicates otherwise:
4 "Acute care general hospital." Any hospital which has an
5 emergency room facility.
6 "Advisory committee." The Organ Donation Advisory Committee
7 established under section 8622 (relating to The Governor Robert
8 P. Casey Memorial Organ and Tissue Donation Awareness Trust
9 Fund).
10 "Bank or storage facility." A facility licensed, accredited
11 or approved under the laws of any state for storage of human
12 bodies or parts thereof.
13 "Board." The Humanity Gifts Registry.
14 "Decedent." A deceased individual, including a stillborn
15 infant or fetus.
16 "Donor." An individual who makes a gift of all or part of
17 his body.
18 "Fund." The Governor Robert P. Casey Memorial Organ and
19 Tissue Donation Awareness Trust Fund established under section
20 8622 (relating to The Governor Robert P. Casey Memorial Organ
21 and Tissue Donation Awareness Trust Fund).
22 "Hospital." An institution licensed in this Commonwealth
23 having an organized medical staff established for the purpose of
24 providing to inpatients, by or under the supervision of
25 physicians, diagnostic and therapeutic services for the care of
26 persons who are injured, disabled, pregnant, diseased, sick or
27 mentally ill or rehabilitation services for the rehabilitation
28 of persons who are injured, disabled, pregnant, diseased, sick
29 or mentally ill. The term includes facilities for the diagnosis
30 and treatment of disorders within the scope of specific medical
20000H2668B3816 - 2 -
1 specialties. The term does not include facilities caring
2 exclusively for the mentally ill.
3 "Organ procurement organization." An organization that meets
4 the requirements of section 371 of the Public Health Service Act
5 (58 Stat. 682, 42 U.S.C. 273).
6 "Part." Organs, tissues, eyes, bones, arteries, blood, other
7 fluids and any other portions of a human body.
8 "Person." An individual, corporation, government or
9 governmental subdivision or agency, business trust, estate,
10 trust, partnership, association or any other legal entity.
11 "Physician" or "surgeon." A physician or surgeon licensed or
12 authorized to practice under the laws of any state.
13 "State." Any state, district, commonwealth, territory,
14 insular possession and any other area subject to the legislative
15 authority of the United States of America.
16 "Unlawful competition." Conduct declared unlawful under
17 section 3 of the act of December 17, 1968 (P.L.1224, No.387),
18 known as the Unfair Trade Practices and Consumer Protection Law.
19 8617. Requests for anatomical gifts.
20 * * *
21 (f) Guidelines.--
22 (1) The Department of Health, in consultation with organ
23 procurement organizations, tissue procurement providers and
24 the Hospital Association of Pennsylvania, donor recipients
25 and family appointed pursuant to section 8622(c)(3) (relating
26 to The Governor Robert P. Casey Memorial Organ and Tissue
27 Donation Awareness Trust Fund) shall, within six months of
28 the effective date of this chapter, do all of the following:
29 (i) Establish guidelines regarding efficient
30 procedures facilitating the delivery of anatomical gift
20000H2668B3816 - 3 -
1 donations from receiving hospitals to procurement
2 providers.
3 (ii) Develop guidelines to assist hospitals in the
4 selection and designation of tissue procurement
5 providers.
6 (2) Each organ procurement organization and each tissue
7 procurement provider operating within this Commonwealth
8 shall, within six months of the effective date of this
9 chapter, file with the Department of Health, for public
10 review, its operating protocols.
11 * * *
12 8621. The Governor Robert P. Casey Memorial Organ and Tissue
13 Donation Awareness Trust Fund contributions.
14 (a) Driver's license.--Beginning as soon as practicable, but
15 no later than January 1, 1995, the Department of Transportation
16 shall provide an applicant for an original or renewal driver's
17 license or identification card the opportunity to make a
18 contribution of $1 to the fund. The contribution shall be added
19 to the regular fee for an original or renewal driver's license
20 or identification card. One contribution may be made for each
21 issuance or renewal of a license or identification card.
22 Contributions shall be used exclusively for the purposes set out
23 in section 8622 (relating to The Governor Robert P. Casey
24 Memorial Organ and Tissue Donation Awareness Trust Fund). The
25 Department of Transportation shall monthly determine the total
26 amount designated under this section and shall report that
27 amount to the State Treasurer, who shall transfer that amount to
28 the The Governor Robert P. Casey Memorial Organ and Tissue
29 Donation Awareness Trust Fund.
30 (b) Vehicle registration.--The Department of Transportation
20000H2668B3816 - 4 -
1 shall provide an applicant for a renewal vehicle registration
2 the opportunity to make a contribution of $1 to the The
3 Governor Robert P. Casey Memorial Organ and Tissue Donation
4 Awareness Trust Fund. The contribution shall be added to the
5 regular fee for a renewal of a vehicle registration. One
6 contribution may be made for each renewal vehicle registration.
7 Contributions shall be used exclusively for the purposes
8 described in section 8622. The Department of Transportation
9 shall monthly determine the total amount designated under this
10 section and shall report that amount to the State Treasurer, who
11 shall transfer that amount to the The Governor Robert P. Casey
12 Memorial Organ and Tissue Donation Awareness Trust Fund. The
13 Governor Robert P. Casey Memorial Organ and Tissue Donation
14 Awareness Trust Fund shall reimburse the department for the
15 initial costs incurred in the development and implementation of
16 the contribution program under this subsection. The General Fund
17 shall reimburse the Department of Transportation for the actual
18 annual operating costs of the program for vehicle registrations
19 as described in this subsection subject to the following limits:
20 For the first fiscal year during which this subsection is
21 effective, the General Fund shall reimburse the Department of
22 Transportation for the actual operating costs of the program in
23 this subsection up to a maximum of $100,000. For each fiscal
24 year thereafter, the General Fund shall reimburse the Department
25 of Transportation for the actual operating costs of the program
26 in this subsection in an amount not to exceed the prior year's
27 actual operating costs on a full fiscal year basis plus 3%. The
28 amounts approved by the Governor as necessary are hereby
29 appropriated from the General Fund for this purpose.
30 8622. The Governor Robert P. Casey Memorial Organ and Tissue
20000H2668B3816 - 5 -
1 Donation Awareness Trust Fund.
2 (a) Establishment.--All contributions received by the
3 Department of Transportation under section 8621 (relating to The
4 Governor Robert P. Casey Memorial Organ and Tissue Donation
5 Awareness Trust Fund contributions) and the Department of
6 Revenue under section 8618 (relating to voluntary contribution
7 system) and the Department of Health under section 8617
8 (relating to requests for anatomical gifts) shall be deposited
9 into a special fund in the State Treasury to be known as the
10 The Governor Robert P. Casey Memorial Organ and Tissue Donation
11 Awareness Trust Fund, which is hereby established.
12 * * *
13 Section 2. This act shall take effect in 60 days.
F28L20JLW/20000H2668B3816 - 6 -